Scottish Parliament

Written Answers

Monday 12 July 1999

Scottish Executive

Birds

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it intends to request the Raptor Working Group to consider proposing measures to protect racing pigeons.

Sarah Boyack: The interaction between birds of prey and pigeons is already one of the issues which the Raptor Working Group is considering.

Devolution

Fiona Hyslop (Lothians) (SNP): To ask the Scottish Executive in the light of the proposed convention that the Westminster Parliament should not legislate on devolved matters, what consultation has taken place with the Scottish Ministers regarding the proposed amendments to the Housing (Scotland) Act 1987, the Social Work (Scotland) Act 1968, the Mental Health (Scotland) Act 1984 and the Children (Scotland) Act 1995 currently under consideration by the Westminster Parliament as part of the Immigration and Asylum Bill.

Susan Deacon: There have been regular consultations with the Scottish Executive about the Immigration and Asylum Bill. The Scottish Executive is in regular contact with the UK Government on a wide range of issues.

Finance

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it intends to provide a list of the members of the Scottish Valuation and Rating Council, and whether it intends to appoint a representative from the Federation of Small Businesses, the Forum of Private Business, and the Chambers of Commerce to the Committee.

Mr Jack McConnell: Appointments to the Scottish Valuation and Rating Council are   made on a personal, not a representative basis. The current members are:-

  Professor Gordon S Milne, Chairman

  Bill Anderson

  Michael Barclay

  Duncan Chisholm

  Ian Coull

  John Devine

  Christopher Haddow QC

  Geoffrey Johnston

  Professor Douglas Mair

  Bill Neish

  Peter Paisley

  Thomas Scholes

  Albert Tait

Health

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it intends to seek evidence from other countries as to the effect which bans on tobacco advertising and sponsorship have on tobacco consumption.

Susan Deacon: The Scottish Executive has carefully considered the evidence which exists from other countries on the effect of bans on tobacco advertising and sponsorship on tobacco consumption. Such evidence was assessed in the 1992 Department of Health (Economic and Operational Research Division) publication ‘ Effect of Tobacco Advertising on Tobacco Evidence : A Discussion Document Reviewing The Evidence ’. The evidence from countries which had introduced bans indicated a significant effect. In each case, the banning of advertising was followed by a fall in smoking on a scale which could not reasonably be attributed to other anti-smoking measures in operation in these countries such as increased health education and tighter restrictions on sales of tobacco to young people.

Health

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it intends to introduce a ban on tobacco advertising and sponsorship.

Susan Deacon: The Scottish Executive will lay regulations before the Scottish Parliament introducing a ban on tobacco advertising and sponsorship. The terms of the draft regulations are currently subject to UK-wide consultations. Under these proposals, the ban on tobacco advertising would come into force on 10 December this year and tobacco sponsorship in line with EU deadlines outlined in the EU Directive 98/43/EC dated 6 July 1998 The consultation period comes to an end on 13 August and Scottish regulations will be tabled shortly thereafter. A parallel set of regulations covering the rest of the UK will be laid at Westminster on a similar timescale.

Housing

Dorothy-Grace Elder (Glasgow) (SNP): To ask the Scottish Executive whether, in view of the appalling death of 3 year old Natalie Smith of Easterhouse in a window fall and the injuring of up to 250 other children in Scotland in similar accidents each year, it intends to request all Local Authorities in Scotland to commence immediate window-catch safety checks and consult with child experts on the safest type of windows.

Sarah Boyack: The Scottish building regulations do not require safety catches on all windows because research has indicated that more deaths would occur in fires where occupants are unable to escape than would be saved by having the types of catches presently available. The latest information on the subject, the result of Scottish Office commissioned research, was sent to all local authorities in June 1998. The British Standards institution is currently revising BS 8213 which deals with window safety and a draft for public comment was issued on 28 May 1999. The public comment period ends on 31 August 1999 and depending on the number and complexity of the comments received it is hoped that the final version of the British Standard will be published next summer. We will then consider incorporating its recommendations into the building regulations. However, most local authorities will fit child proof safety catches when parents request them.

Information

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it intends to publish the distribution list used to circulate Scottish Office News Release 0553/99.

Mr John Home Robertson: Scottish Office News Release 0553/99 was issued to main media outlets, and also the relevant specialist trade press list on March 8, 1999. As with all news releases, it is available on the Scottish Office website and was available on the Bulletin Board for a week after the date of issue.

Justice

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive what plans it has to examine issues relating to liquor licensing laws and to amend the current laws.

Mr Jim Wallace: We have no plans at present to amend the Licensing (Scotland) Act 1976. However, we will be giving careful consideration to whether it is necessary to review current practice and legislation on liquor licensing.

Land Reform

David Mundell (South of Scotland) (Con): To ask the Scottish Executive what steps it intends to take to tackle the problems that feudal rights of pre-emption, in relation to properties gifted for educational and social purposes, are causing local authorities and others now that those properties are no longer used for their original purposes.

Mr Jim Wallace: We announced on 30 June our intention to legislate to abolish the feudal system substantially along the lines recommended by the Scottish Law Commission in its recent report (Scot Law Com 168). This report recommends that the rights of superiors should be abolished. However it also recommends that where a superior disposed of land substantially below market value for a specific purpose, then there should be the possibility of compensation in the event that the land is freed for development. Compensation would reflect land values at the time of sale rather than current market values and should therefore cause local authorities little expense.

Planning

Miss Annabel Goldie (West of Scotland) (Con): To ask the Scottish Executive whether it intends to give consideration to the current absence of a Right of Appeal to an unsuccessful objector against a planning application in which planning permission has been granted by the planning authority.

Sarah Boyack: There are no plans at present for the Scottish Executive to consider introducing a third party right of appeal into the planning system.

  It is, of course, open to the new Scottish Executive or Parliament to consider the issue afresh.

Rural Affairs

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive whether it intends to increase the charges, fees levied and expenses recovered under the powers contained in the Food Environmental Protection Act 1985.

Ross Finnie: Fees are charged under Part II of the Food and Environment Protection Act 1985 for licences for the deposit of substances or articles in the sea and under Part III for the approval of, and monitoring the effects of, pesticides. Fees for licences under Part II, which were last increased on 1 April 1996, will be reviewed later this year. Fees for approvals under Part III, which were last increased on 1 April 1997, were reviewed earlier this year and no increases are envisaged for the time being.

Social Inclusion

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it intends to make a statement on its role in the New Deal for Communities.

Ms Wendy Alexander: In Scotland a different but no less innovative approach to community regeneration has been adopted to that being pursued in England. Our approach reflects particular Scottish needs and circumstances. It is guided by the principle, which has been established in Scotland for a number of years, that regeneration is best achieved through broadly based partnerships in which the local community plays a full role.

  Resources dedicated to regenerating communities in Scotland over this and the next two years include:

  £137 million for 47 Social Inclusion Partnerships to tackle disadvantage and exclusion in deprived communities and amongst excluded groups.

  £10 million for the Working for Communities programme, providing additional support for new ways of giving local people more influence over the delivery of local services;

  £3 million for the Listening to Communities programme, sharing best practice on involving the community in regeneration and providing training to support community participation.

  £26 million for New Community Schools, which is a radical initiative in Scotland to modernise schools, raise attainment and promote social inclusion, the focus of which is on the pupil and his or her family - addressing needs in the round.

  This investment should be seen in the context of our wider commitment that tackling social exclusion will be a priority of all Ministers in the Scottish Executive.

Transport

Lord James Douglas-Hamilton (Lothians) (Con): To ask the Scottish Executive what powers Scottish Ministers and local authorities will have to set speed limits outside schools in Scotland and what plans it has for road safety in relation to school children.

Sarah Boyack: Most schools are situated adjacent to local roads. Local authorities have power to set speed limits outside schools (and elsewhere) on local roads. In particular, local authorities have the freedom to set 20 mph limits where they consider them to be appropriate. For other limits below 30 mph, local authorities require to obtain the consent of the Scottish Ministers. Scottish Ministers have power to set speed limits outside schools (and elsewhere) on trunk roads in Scotland.

  The Scottish Executive will continue to promote road safety measures aimed at road users of all ages. Specific measures in relation to school children include:

  Guidance on safer routes to school projects will be issued later this year;

  A current research project is looking at road safety education in the Scottish curriculum;

  The training materials for the Scottish Cycle Training Scheme are being revised and will be issued early next year;

  Following a review of the use of the Scottish Road Safety Campaign’s Workbook Diaries in primary schools, revised diaries are being distributed for the 1999-2000 session;

  The programme of road safety plays to tour Scottish schools is being expanded;

  The Children’s Traffic Club in Scotland, which provides road safety training free to all 3 and 4 year old children in Scotland, will continue to be funded.

Transport

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive whether it will provide information on the estimated costs of the consultation process and investigation into its proposal to impose a toll on the M8 motorway.

Sarah Boyack: The issue of road user charging will be addressed in the forthcoming Transport Bill. No decision has been made on the introduction of road user charges on any trunk road or motorway. Accordingly, there is no such proposal.

Transport

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive whether it will provide information on the estimated annual administrative costs of operating a toll on the M8 motorway

Sarah Boyack: I refer the member to the answer I gave to his question (S1W-165) on a related subject.

Transport

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive whether it will, after 1 July, detail the total finance it is making available, directly or indirectly, to the City of Edinburgh Rapid Transit Scheme (CERT), all past, current and projected future expenditure on the scheme on an annual basis, and the timetable for the approval, implementation, construction and completion of the scheme.

Sarah Boyack: £15 million additional capital allocations are being made available from the previous Transport Challenge Fund competition for projects commencing in 1997-98 to assist The City of Edinburgh Council with their CERT scheme. The current phasing of the award is 1997-98 - £4.0 million, 1998-99 - £6.0 million, 1999-2000 - £3.750 million and 2000-01 - £1.250 million. The Council is also seeking private finance for the project which is estimated to cost approximately £49 million. The project is the responsibility of the Council and the implementation programme is a matter for them. I understand the project is expected to be completed in late autumn 2001.

Transport

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive whether it intends to undertake a study into the impact on road traffic on the A77 and B764 roads of the proposed extraction of timber from Whitelee Forest near Fenwick in Ayrshire.

Mr John Home Robertson: We have no plans to undertake such a study. However, the Forestry Commission is looking at possible alternative routes for lorries taking timber from Whitelee Forest, starting next year. The Commission is carefully considering all aspects, including the impact of timber traffic on existing roads and its effect on any communities alongside the roads, and it is also discussing the options with the local authority.

Transport

Mrs Lyndsay McIntosh (Central Scotland) (Con): To ask the Scottish Executive whether it intends to initiate a feasibility study before making a decision regarding the preferred road route for the transport of felled timber from Whitelee Forrest in East Ayrshire.

Mr John Home Robertson: I refer the member to answer S1W-194, given to Alex Neil today.

Transport

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it intends to place a toll booth on any single track road and, if it does, whether it will be able to ensure that this will not breach health and safety standards or road traffic regulations.

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it intends to introduce road tolls for the Fort William to Mallaig road and, if so, at what point or points would the toll booth or booths be placed.

Sarah Boyack: I refer the Member to the answer I gave to question (S1W-218).

Transport

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive whether it plans to allow legally enforceable 20 mph speed limits near play areas, community facilities and housing schemes to be determined by local authorities.

Sarah Boyack: I refer Mr Gibson to my reply of 17 June to Mrs Margaret Smith.

Scottish Parliamentary Corporate Body

Accommodation

Donald Gorrie (Central Scotland) (LD): To ask the Presiding Officer how many recycling sacks or containers have been distributed throughout the Parliamentary complex.

Donald Gorrie (Central Scotland) (LD): To ask the Presiding Officer what arrangements have been made for the recycling of waste paper within the Parliamentary complex.

Sir David Steel: The Parliament’s existing waste disposal arrangements do not currently cover the recycling of waste materials. Parliament staff are presently preparing a specification for a waste management service which will include recycling facilities for waste paper, cardboard, aluminium cans, plastic cups and where possible glass and other plastics. It is hoped that recycling arrangements will be in place by the end of the summer at which time recycling receptacles will be positioned throughout the Parliamentary complex. A notice will issue at that time to inform MSPs and staff of the recycling arrangements.

Accommodation

Donald Gorrie (Central Scotland) (LD): To ask the Presiding Officer whether the Scottish Parliamentary Corporate Body will set targets for each of the next five years for the percentage of paper, glass, aluminium, other metals and plastic used within the Parliamentary complex to be recycled and what is the best present estimate of the amount of these materials currently used and the percentage of each that will be recycled.

Sir David Steel: All waste from Parliament buildings is disposed at landfill by City of Edinburgh Council. Facilities Management are currently preparing a specification for a waste management contract which will include recycling facilities for waste paper, cardboard, aluminium cans, plastic cups and where possible glass and other plastics.

  At present there are no figures available on the quantities of waste from Parliament buildings. The specification for the waste management contract will require the contractor to provide data on quantities of each waste material recycled and disposed at landfill. In additional, we require to put in place procedures for quantifying materials purchased for use within Parliament buildings. Only when these 2 elements have been established can we look at setting targets for reducing the percentage of waste to landfill and increasing the percentage of waste materials recycled.

  It is hoped that at the end of the summer a waste management contract will be in place and relevant data can begin to be gathered. It will be next year before we can establish a baseline figure for waste and therefore set realistic waste management targets.

Holyrood

Alex Fergusson (South of Scotland) (Con): To ask the Presiding Officer what plans the Scottish Parliamentary Corporate Body has to encourage the use of indigenous materials in the construction of the new Parliament and its surroundings and whether it is aware of the concern of Scottish business in relation to the proposed use of materials from overseas.

Sir David Steel: The SPCB is aware of the views of Scottish business and supports the use of indigenous materials in the construction of the new Parliament building. All materials must meet certain requirements in terms of suitability, quality, availability, sustainability and value for money. Procurement

  procedures must comply with EC Directives and Government purchasing guidelines. No contracts have been awarded involving overseas materials.

Parliamentary Staff

Michael Russell (South of Scotland) (SNP): To ask the Presiding Officer when there will be one or more Gaelic officers appointed in the Scottish Parliament.

Sir David Steel: There are currently 2 members of staff in the Scottish Parliament with a knowledge of Gaelic. There are also a number of staff in the process of undertaking training in the language. Training in Gaelic is available to all staff along with other world languages. The Parliament also has access to translation and interpretation services in Gaelic (among other languages) through contracts with language organisations.

Parliamentary Staff

Michael Russell (South of Scotland) (SNP): To ask the Presiding Officer how many "Gaelic essential" posts in the Scottish Parliament have been or will be advertised.

Sir David Steel: There are currently no posts in the Scottish Parliament which have been identified as being "Gaelic essential". The SPCB looks to encourage all staff to develop their skills including languages and training in Gaelic is available for those with an interest. Should a post be identified in the future where knowledge of Gaelic is considered essential then it will be advertised accordingly.